From a Congressional campaign in Michigan to the mayoral race in New York City and even all the way to the Presidency, this election cycle has highlighted a long history of tensions between politicians, political campaigns, and intellectual property rights owners. For artists and business owners, navigating a charged political landscape while safeguarding their intellectual property assets can be complex …
When a business changes hands, its trademarks may also be transferred. However, a trademark does not properly change hands unless the goodwill associated with the trademark is also transferred. This does not happen automatically, and trademark owners must take proper steps to ensure that ownership of the trademark has properly transferred to the new trademark owner and is not deemed …
One of the fundamental requirements for federal trademark registration in the United States is demonstrating “use in commerce.” Without a proper showing of use, a trademark will not register. Understanding this concept is crucial when filing a trademark application. What Does “Use in Commerce” Mean? Under U.S. trademark law, “use in commerce” refers to the bona fide use of a …
The use of hashtags in social media has gained tremendous popularity as a marketing and advertising tool. Business owners can now gain trademark rights and possibly even a registration for their hashtag.Like all intellectual property, trademarks, including some hashtags, are extremely valuable assets in a business. To protect them, it is important to know how to use and safeguard these …
Trademarks serve as valuable assets that safeguard a company’s name, logo, slogan, or other distinctive elements from unauthorized use by competitors. However, business owners may be unsure about whether they should apply for state or federal trademark registrations. This article explores the differences between state and federal trademarks and their respective benefits. What Is a State Trademark? A state trademark …
Cybersquatting involves the registration, use, or sale of a domain name that is identical or confusingly similar to an existing trademark with the intention of profiting from it. Well-known trademarks and companies are frequently targeted by cybersquatters, requiring businesses to incur increased costs to monitor and enforce their trademark rights. A UDRP proceeding can be a cost-efficient and effective method …
For businesses looking to protect their brand, a trademark clearance search is a crucial first step in the registration process. A comprehensive trademark clearance search is more than a simple database lookup — it is a in-depth investigation that can save a business from costly legal disputes and potential rebranding. What Is a Comprehensive Clearance Search? A comprehensive clearance search …
Trademark cancellation proceedings are initiated by parties who believe they will be or are harmed by the continued registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. A trademark cancellation proceeding permits a party to file a petition to cancel an existing third-party trademark registration. A trademark registration may be canceled …
Securing trademark registrations is an essential part of a business’ IP strategy, to protect one of its most valuable assets. The scope of trademark registrations that a business should obtain depends on the scope of use of the trademarks. As a business grows and expands operations internationally, securing global protection for trademarks should be carefully considered. Broadly used trademarks with …
The United States Patent and Trademark Office (USPTO) will refuse registration of a trademark that is confusingly similar to an existing registration. They do not review any unregistered use in the marketplace when making this determination. If a competitor files a trademark application first, the USPTO will not refuse registration based on prior use in the marketplace, even if that …
